2015 Mar 31 - CC MIN SPCSPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 31, 2015 — 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes
at 7:00 PM
INVOCATION — Mona Shilling, Acting Deputy City Clerk II
PLEDGE OF ALLEGIANCE —
Council Member Dugan
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
Louis Merow, 1225 E. Maple Street, commented on letter received from the RSI Program Office
Daniel Bassie, 622 Arena Street, commented on letter received from the RSI Program Office
Greg Glastetter, 308 W. Oak Ave., commented on letter received from the RSI Program Office
Nancy A. Palmer, 641 Bungalow Ave., commented on letter received from the RSI Program Office
Robin Wood, 514 E. Oak Ave., commented on letter received from the RSI Program Office
Jennifer Gardner, 123 E. Oak Ave., commented on letter received from the RSI Program Office
Lucielle De Ring, 526 Lomita Street, commented on letter received from the RSI Program Office
? Ashtiani, 1507 E. Sycamore Ave., commented on letter received from the RSI Program Office
?, 637 Hillcrest Street, commented on letter received from the RSI Program Office
Matt Ashtiani, 1507 E. Sycamore Ave., commented on letter received from the RSI Program Office
Melissa McCaffrey, 113 E Oak Avenue, commented on letter received from the RSI Program Office
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Sylvia Hickey, 619 Lomita Street, commented on letter received from the RSI Program Office
Ilene Bell, 547 Bungalow Street, commented on letter received from the RSI Program Office
Charles Atkinson, 520 W. Walnut Avenue, commented on letter received from the RSI Program
Office
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only.
MOTION by Mayor Pro Tem Jacobson, SECONDED by Council Member Fellhauer to read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
B, NEW BUSINESS
1. A Status Report on the City's Residential Sound Insulation (RSI) Program, with focus on
higher bid pricing received on Groups 62, 66, 69, 70, 71, 72 and 73 compared to estimates
for the projects (compared to other projects) (Fiscal Impact: None)
Greg Carpenter, City Manager, gave introduction
James O'Neil, RSI Manager, gave a presentation
Greg Carpenter, City Manager, provided additional back ground information
Council Discussion
Mayor, Suzanne Fuentes, spoke regarding reaching out to our elected officials in Congress,.
Mayor Pro Tem, Carl Jacobson, spoke regarding the extended deadline received for RSI to
complete houses in the extended the yellow zone.
Council Member Dave Atkinson, spoke regarding their attempts to reach out to Congress, the FFA,
LAWA and speaking to the contractors. Asked the home owners affected by this decision to send
in their letter and call our Congress regarding this issue.
Mayor Suzanne Fuentes and Mayor Pro Tem, Carl Jacobson, provided history on question, "How
does list start?"
Mayor Pro Tem Carl Jacobson, spoke to clear direction from LAWA that there would be no
extension of the end date for the homes in the extended yellow zone area.
Mayor Suzanne Fuentes, had James O'Neill, Manger RSI Program, explain bid process.
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Greg Carpenter, City Manager, addressed question related to what happens to funds from grants
received for the RSI Program, explained only can be used for this program.
Council Member Fellhauer, spoke to question if Bid results are public documents.
Assistant City Attorney, Karl Berger, spoke in regards to State Law Bid process adopted for the
purposes of bidding the construction portion of the RSI Program, cannot negotiate directly with
bidders when more than one bid submitted.
Council Member Dave Atkinson asked if a home owner wishes to pay the percentage above
estimated difference, answer was no for process issues and timing issues to meet LAWA's overall
completion date.
Council Member Fellhauer, asked James O'Neill, Manager RSI Program to further explain new
FAA Protocol for testing each home for sound. James O'Neill explained FAA considers the
pending updated Protocol for testing a clarification of existing requirements.
Council Member Fellhauer, asked James O'Neill, Manager RSI Program to explain how grants
received from FAA and LAWA will be used for future RSI Programs.
Council Member Fellhauer asked James O'Neill, Manager RSI Program how will selling noise
rights work.
Council Member Mike Dugan, asked Assistant City Attorney, Karl Berger, what legal action can be
taken to put pressure on LAWA to extend the timeframe to complete the homes most recently
affected by LAWA's completion deadline.
Assistant City Attorney, Karl Berger, spoke to the City's legal obligation related to funding
availability, advised Council best course of action to take political action verses legal action.
Mayor Suzanne Fuentes, spoke regarding that City Council is in the process of strategizing with
the City Manager's Office to put Political press on our elected officials.
City's Lobbyist, Coby King, Highpoint Strategizes, spoke to status regarding the FAA and LAWA's
deadline. The agencies are not willing to extend the deadlines. Attempts are being made to
request Congress and Senate Representatives to partner to attempt to change the FAA and
LAWA's deadline. Mr. King defined why the FAA and LAWA is no longer flexible with the deadline.
It has to do with FAA better defining the program guideline protocosl for noise.
Council Member Mike Dugan and Council Member Fellhauer asked RSI Program Manager to
explain why bidders are bidding lower for homes in Inglewood. City Manager, Greg Carpenter and
Mr. O'Neill explained contractors indicated the City holds them more accountable for their work,
LAWA indicated our liquidated damages clause could be a cause, possible issue of larger homes
in the yellow zone of the City of El Segundo.
Council received and file report. Requested the City Attorney's Office to investigate possible legal
action and come back to Council during a closed session. Requested Staff to coordinate with City's
Lobbyist Mr. King to put out a fact based press release.
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C. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business.
2. Reject all bids for Project RSI 14 -33 (Group 62 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
3. Reject all bids for Project RSI 14 -32 (Group 66 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
4. Reject all bids for Project RSI 14 -27 (Group 69 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
5. Reject all bids for Project RSI 15 -01 (Group 70 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
6, Reject all bids for Project RSI 15 -02 (Group 71 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
7, Reject all bids for Project RSI 15 -03 (Group 72 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
8. Reject all bids for Project RSI 15 -04 (Group 73 of the City's Residential Sound Insulation
Program).
(Fiscal Impact: None)
9, Adopt the amended bylaws established for the Economic Development Advisory Council
(EDAC).
(Fiscal Impact: None)
MOTION by Mayor Pro Tern Jacobson to approve Consent Agenda items 2, 3, 4, 5, 6, 7, 8, and 9.
MONTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
D. REPORTS — CITY MANAGER
E. REPORTS — CITY ATTORNEY —
Assistant City Attorney, Karl Berger, stated will put an item on closed session regarding this
subject for closed session for next Tuesdays Council Meeting
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F. REPORTS — CITY CLERK
G. REPORTS — CITY TREASURER
H. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
Council Member Atkinson —
Council Member Dugan -
Mayor Pro Tem Jacobson —
Mayor Fuentes —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
Ilene, Bell, 647 Bungalow Street, understands the issues, but concerned with how the residents
recoup money invested for RSI program they will not be receiving.
Patricia Ashtiani, 1507 E. Sycamore Ave., questions regarding issues getting contractors into El
Segundo, concerns how program priority list is administered.
Lucielle De Ring, 526 Lomita Street, questioning process to get bidders and administer program.
Matt Ashtiani, 1507 E. Sycamore Ave., commented on how El Segundo is know for the airplane
noise. Suggest in the future provide information for meetings will in advance of meeting.
Charles Atkinson, 520 W. Walnut Avenue, commented on how long City was aware of issues, well
before this situation happened and failed to accommodate for this deadline.
Chris ?, President of 62 Arena, wants to share frustration, feels the issue is to put the pressure on
LAWA.
Louis Merow, 1225 E. Maple Street, sad about appointment being set and not being notified until
the day before that the replacement of windows were not going to take place.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Mayor Pro Tem, Carl Jacobson, agreed need to speak to LAWA regarding the continued funding
for the implementation of the homes in the green zone area. Provided history of reduction of what
FAA and LAWA considers areas that are effected enough to qualify for the RSI Program.
Council Member Fellhauer asked RSI Program Manager, James O'Neill to explain the pace of the
RSI Program. Mr. O'Neill, explained generally has been limited on how much funding available to
the City each year.
Mayor Suzanne Fuentes, asked for an explanation on how the City advertises. RSI Program
Manager James O'Neill explained, advertises in trade magazines, etc.
Council Member Fellhauer and Mayor Suzanne Fuentes, restated that Council does care and is
attempting to resolve the situation.
ADJOURNMENT at 9:59PM
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Mona Shilling, Acting Pe '-p,Uty City Clerk II
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